Articles of the
Constitution
The Structure of Majoritarian
Democracy
Article 1: The
Legislative Domain
•  Based on limited power to
Congress
•  Creates a bicameral legislature
•  Provide Enumerated Powers:
powers explicitly granted to
Congress by the Constitution
•  Necessary and Proper clause:
Congress given the means to
execute these powers
•  The Necessary and Proper
Clause has been termed the
Elastic Clause: These are
implied powers that
Congress NEEDS to execute
its enumerated powers.
Article II: The Executive
Domain
•  President’s duties and powers
include:
•  Commander-in-chief
•  Making treaties
•  Appointing government officers,
diplomats and judges.
•  Legislative power
•  “Take care that the laws be
faithfully executed - provides a
reservoir of unspecified power.
Article III: The Judicial
Domain
•  Establishes the Supreme Court
•  Federal judges serve for life
•  Congressional check on the
judiciary
•  Judicial review: The power to
declare congressional and
executive acts unconstitutional
is not explicitly mentioned but
was established as precedent in
the case Marbury v Madison in
1803.
Article V:The
Amendment Process
Article VI: The
Supremacy Clause
•  Asserts that national laws
take precedence over state
and local laws when they
conflict.
Role of the Federalist
Papers
•  These papers articulated the
philosophy and pragmatic
dimensions of the Constitution.
They were a defense of the need
for a Constitutional framework.
•  Federalist 10 - Madison argues
the need to “break and control
the violence of faction.”
•  Concern over controlling conflict
based on economic inequality.
Federalist 10 cont.
•  Attempt to prevent government
from coming under the
dominance of a specific faction
or special interest.
•  The “Tyranny of the Majority”
would be checked by
representation
•  Elected representatives would
control government
•  Elected representatives would
possess wisdom to serve the
public interest.
Federalist 51
•  Madison argued separation of
powers and checks and balances
would control tyranny.
•  Divisions of power at multiple
levels - within the national
government, between federal,
state and local government
would protect against
consolidation of power.
The Bill of Rights
•  Critical to the ratification of the
Constitution was the lack of
individual freedoms.
•  The Bill of Rights prevented the
national government from
tampering with fundamental
rights and civil liberties,
emphasized the limited
character of national power
through the first 10
amendments.